Supreme Court of India · 2009-02-12
Mallikarjuna G. Hiremath vs Branch Mgr.,Oriental Insurance ...
- Citation / case number
- AIR 2009 SUPREME COURT 2019
- Court
- Supreme Court of India
- Petitioner
- Mallikarjuna G. Hiremath
- Respondent
- Branch Mgr.,Oriental Insurance ...
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, Asok Kumar Ganguly
Judgment text excerpt
The Supreme Court held that under Section 30(1) of the Workmen Compensation Act, 1923, the insurer is not liable for compensation if there is no causal connection between the accident and the vehicle insured. The Court found that the deceased's drowning while bathing was not an accident arising out of and in the course of employment, thus affirming the High Court's decision to exonerate the insurer. The Court also noted that the High Court's direction to recover the compensation from the appellant was erroneous as the insurer had no liability under the policy due to the lack of connection with the vehicle.